L.L. 1990/040

Enactment date: 7/12/1990

Int. No. 464-A

By Council Members Gerges and Robles (by the request of the Mayor); also Council Members Povman, Greitzer, Berman, Rivera, Alter, DiBrienza and Spigner (Read and referred to the Committee on Finance) (Amended June 27, 1990) (Ordered reprinted and laid over)

A Local Law to amend the administrative code of the city of New York, in relation to regulation of the use of piers or land as non-putrescible solid waste transfer stations and putrescible solid waste transfer stations, transfer of permitting jurisdiction with respect to putrescible waste transfer stations from the department of health to the department of sanitation, fees charged by the department of sanitation in connection therewith, issuance, renewal, suspension and revocation of permits, permit enforcement, and penalties in connection therewith and in connection with other violations of chapter 1 of title 16 of such code, and the power of the commissioner to conduct inquiries, including subpoena power

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 10. Notwithstanding any other provision of law. on and after the effective date of rules promulgated by the commissioner of sanitation to provide for the issuance of putrescible solid waste transfer station permits pursuant to section 16-130 of the administrative code of the city of New York, as amended by section two of this local law, no putrescible solid waste transfer station, as such term is defined in such section, shall be required to obtain a permit from the commissioner of health pursuant to article one hundred fifty-seven of the New York city health code. The commissioner of sanitation shall promulgate such rules within one hundred twenty days of the effective date of this local law. Nothing contained in this section or any other provision of this local law shall be construed to affect the continued application of provisions of the health code not related to issuance of permits for putrescible solid waste transfer stations, as such term is defined in such section.

§ 11. Notwithstanding any other provision of this local law, including section 16-130 as amended by section two of this local law, any permit issued to a putrescible solid waste transfer station, as defined in section 16-130 of the administrative code of the city of New York, as amended by section two of this local law, by the commissioner of health pursuant to article one hundred fifty-seven of this article that is in full force and effect on the effective date of this local law shall continue in full force and effect on and after such date and shall, after the effective date of rules promulgated by the commissioner of sanitation to provide for the issuance of putrescible solid waste transfer station permits pursuant to such section, be deemed to constitute a permit issued by the commissioner of sanitation, provided that the holder of such permit files an application for a new permit with such commissioner within thirty days after such effective date of such rules. During the pendency of such application, such permit issued by the commissioner of health shall remain in full force and effect until such time as the commissioner of sanitation either suspends or revokes such permit pursuant to law, issues a new permit or denies the application for a new permit. If the holder of such permit fails to file an application for a new permit with the commissioner of sanitation within thirty days after such effective date of such rules, such permit issued by the commissioner of health shall be null and void and be of no further effect. Notwithstanding any other provision of law, the fee for any putrescible solid waste transfer station permit issued by the commissioner of sanitation pursuant to such section to a person who holds a permit issued by the commissioner of health pursuant to article one hundred fifty-seven of the New York city health code shall be reduced by an amount which is equal to the permit fee paid to the department of health prorated to the unexpired portion of the license term.

§ 12. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, or at the time when the commissioner of sanitation promulgates rules to provide for the issuance of putrescible solid waste transfer station permits pursuant to section 16-130 of the administrative code of the city of New York, as amended by section two of this local law, brought by or against the city, or the department of health or any officer or employee of such department shall be affected or abated by the adoption of this local law or by anything contained herein; but all such actions or proceedings may be continued notwithstanding that certain functions, powers and duties of the department of health may have by this local law been assigned or transferred to the department of sanitation; and such actions and proceedings may be prosecuted or defended by the department of sanitation or the officer or employee to which such functions, powers and duties have been assigned or transferred by this local law.

§ 13. Notwithstanding any other provision of law, except as provided in sections ten, eleven and twelve of this local law, the commissioner of sanitation may, on and after the effective date of this local law, enforce the provisions of this local law, provided that where the commissioner's authority to enforce the provisions of this local law is predicated upon a finding by the commissioner that a permit is required for premises pursuant to section 16-130 of the administrative code of the city of New York, as amended by section two of this local law, a finding by the commissioner that a permit is required pursuant to article one hundred fifty-seven of the New York city health code shall be deemed to constitute the predicate finding.

§ 14. The provisions of this local law shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this local law, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this local law and the application thereof shall not be affected thereby.

§ 15. This local law shall take effect immediately upon its enactment into law, provided however that the addition of section 16-131.4 of the administrative code by section eight of this local law and the repeal and reenactment of section 16-133 of such code by section nine of this local law shall take effect thirty days after their enactment into law.